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UGBOGBO
V.
STATE

(2016) JELR 40943 (CA)

Court of Appeal 21 Dec 2016 Nigeria
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- This is an appeal against a judgment of the Lagos State High Court where the appellant was found guilty of murder and sentenced to death by hanging. - The appellant was charged with murder for throwing a burning stove on his wife, causing

Case Details

Suit Number:CA/L/1267/2014
Judges:JOSEPH SHAGBAOR IKYEGH JCA YARGATA BYENCHIT NIMPAR JCA JAMILU YAMMAMA TUKUR JCA
Counsel:Charles Musa with him, M. D. Aigbedian (Mrs) For the Appellant; Mrs. O.A. Akin Adesomoju (Asst. Dir. MOJ, Lagos State) with him, Mrs. O.A. Onite and S.M. Daodu For the Respondent.

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Lagos State High Court delivered on the 4th July, 2014 by HON. JUSTICE E. A. ADEBAYO wherein the trial Court found the Appellant guilty of the offence of murder and convicted him to death by hanging. Aggrieved by the said decision, the Appellant filed a Notice of Appeal filed on the 26/9/14 setting out 6 grounds of Appeal.

The Appellant was arraigned before the trial Court on the following charge:

"STATEMENT OF OFFENCE

Murder contrary to Section 221 of the Criminal Law of Lagos State 2011.

PARTICULARS OF OFFENCE

AUGUSTINE UGBOGBO (M) on the 26th day of January, 2012 at about 2130 Hours, at Railway line, Otto, Oyingbo, Ebute-metta, Lagos, in the Lagos Judicial Division did Murder one ANNA UGBOGBO (F) by throwing a burning stove on her."

The Respondent alleged that the Appellant threw a burning stove on his wife, deceased Anna Ugbogbo who sustained severe burns resulting into her deat…

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